If someone is being sued and they fight back by claiming the other side owes them something too (called a setoff or counterclaim), and then the original lawsuit gets dropped or dismissed, the time that passed during that lawsuit does not count against them. So if they want to file their own separate lawsuit later for that same claim, the clock on their deadline was paused while the first lawsuit was going on.
516.370. not to apply to , when. — When a in has an , as a , or , upon which he would be entitled to reply in such action, the upon which, at the time of the of such action, was not by law, and such is dismissed, or the action is discontinued, the time which intervened between the commencement and the of such action shall not be a part of the time limited for the by the defendant, to recover for the so interposed as a defense, setoff or counterclaim.
(RSMo 1939 § 1041)
Prior revisions: 1929 § 889; 1919 § 1344; 1909 § 1915
(1987) With the of what might be considered to be purely defensive such as a setoff or , a counterclaim which seeks by asserting a new cause of action like a medical , although arising out of the same and although not barred at the commencement of the 's action, is barred if the counterclaim is filed at a time when it would have been barred as an original action. Northwest Radiation Oncology v. Goodstal, 735 S.W.2d 762 (Mo.App.E.D.).
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.